THE NEWSPAPER OF THE SALISH, PEND d ORIELLES AND KOOTENAI TRIBES OF THE FLATHEAD RESERVATION
15 C
HAR-KOOSTA
Volume 3 - Number 23 NEW MOON OF COURTSHIP April 1,197 4
******* IF YOU VOTED IN 1972 PRESIDENTIAL ELECTIONS, YOU CAN VOTE ON APRIL 6 ********
Flathead Lake Suit; First Round Sparring
Missoula: Some 60 persons crowded into the U.S. Federal District Court Room in Missoula March 2 2 to hear the opening round of arguments in a suit involving the ownership of the bed of the south half of Flathead Lake.
The suit, brought by the Tribes against non-member James M. Namen of Poison, involves the treaty rights to the southern half of the lake. The Tribes allege that Namen is trespassing on lands set aside for the Confederated Tribes in the Hell-gate Treaty of 1855. They maintain that buildings, landfills and structures which extend into the lake beyond the high water mark of 289 3.2 are in violation of the treaty and other statutes and ask that the court order Namen to remove them and restore the bed into its original condition.
Namen, who operates Jim's Marina on the west side of Poison, maintains that he has riparian, or owners rights, to the lake extending out from his property line. His attorney, Irwin Roth, has asked the court to dismiss the suit on the grounds that the structures and fills are built on land belonging to Namen. The land is the former Antoine Morais allotment (J\lo. 1378)
The importance of the case was emphasized by presiding Federal District Court Judge William Jameso-; during the hearing last month. Jameson noted that the case is a "relatively simple issue that has become complicated by a number of factors." He said the widespread interest in the issue and the probability that his final decision would be appealed to the Ninth Circuit Court and possibly the U.S. Supreme Court made it essential that the proceedings be conducted correctly.
Shortly after calling the court into session, Judge Jameson asked the opposing attorneys....Richard Baenen for the Tribes and Roth for Namen...to go into closed conference to agree on certain basic points involved in the suit.
Following several hours of conference on the basic issues, the court was re-convened. Baenen reviewd for the court several specific points the attorneys agreed not to dispute during subsequent proceedings. Among these were: —-The actual high-water level of the lake. They agreed on 2893.2.
-—That Flathead Lake at some time within the past has been used for commerce.
—-That Namen uses his property to conduct business on Flathead Lake.
—That the lake remains "generally" in a natural state.
Baenen also agreed to allow the City of Poison to enter the case on the side of Namen provided that their arguements do not include property statutes other than allottments. Bae-(Story continued on page 2 ...... Flathead Lake)
Council Considers Sale Of Mission - Ashley Unit
Dixon: A proposal to sell 9 million board feet of timber on the Mission Mountain face between McDonald and Mission lake will go to the Tribal Council Economic Development Committee.
The Tribal Council took the action, which is preparatory to offering the unit for sale, during a special meeting March 21. The action was taken in spite of a Bureau of Indian Affairs Forestry recommendation to hold off on all logging proposals until a number of conditions are met.
Acting Forestry Manager Fred Malroy suggested to the Council during a meeting March 8 that all forestry action be tabled until three conditions were met: —-All vacant forestry positions were filled to insure greater control over logging sales (at that time there were still ten slots open).
—-The completion of a two-year growth and annual allowable cut analysis. The study is scheduled to be completed later this spring and should reflect a more accurate target sustained yield cut.
—And the review of a reservation-wide environmental impact assessment being completed by faculty from the University of Montana Forestry School.
However, the Council voted seven to nothing to have the EDC committee review modified logging plans for the Ashley unit, 2,200 acres of forest in the southern foothills oi tne Missions...and recommend final contract specifications. The motion to move ahead on the sale of the unit (Story Continued of Page 16 ...... Ashley)
Flathead Leads In Violent Deaths
Billings: The Flathead Reservation leads all reservations in the Billings area in untimely deaths...and Public Health Officials feel that a large portion of these are alcohol related.
This is the main reason why alcoholism recieved the highest priority as a health problem in the Billings area, according to Tribal Councilman Pat Lefthand, Elmo. Left-hand attended an area health planning meeting in Billings last month.
Lefthand said that in 1972, there were 13 deaths by accident, suicide or homicide among the 3,927 Indians on the (Story continued on page 3 ......Deaths)